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Device Classification and Regulatory Requirements: Procedures for 513(g) Requests for Information

This guidance outlines procedures for submitting, reviewing, and responding to requests for information regarding device classification and applicable requirements under section 513(g) of the FD&C Act. It helps manufacturers understand how to obtain FDA's views about the classification of their device and associated regulatory requirements.

  1. Review existing classification resources and databases before submitting a 513(g) request
  2. Prepare a complete submission package including:
    • Signed cover letter with required information
    • Comprehensive device description
    • Detailed intended use information
    • Available labeling/promotional materials
  3. Submit electronically via CDRH Portal (preferred) or other accepted methods
  4. Pay required user fees before submission
  5. Ensure submission addresses only one product
  6. Be prepared to respond to FDA requests for additional information within 30 days
  7. Consider contacting Office of Combination Products first if unclear about product jurisdiction
  8. For specific testing recommendations, consider submitting a Q-submission instead of or after 513(g)

Key Considerations

Software

  • Description of operational principles if device contains software/firmware should be included in the submission

Labelling

  • Proposed labeling or promotional material must be included in the submission
  • If available, include labeling/promotional material of similar legally marketed devices
  • Prescription vs OTC use status should be specified

Other considerations

  • 21 CFR 860.3(i): Definition of “generic type of device”
  • 21 CFR parts 862-892: Device classification regulations
  • 21 CFR part 807, subpart E: Premarket Notification Procedures

Original guidance

  • Device Classification and Regulatory Requirements: Procedures for 513(g) Requests for Information
  • HTML / PDF
  • Issue date: 2024-08-23
  • Last changed date: 2024-08-22
  • Status: FINAL
  • Official FDA topics: Medical Devices, Premarket, Labeling, Biologics, Administrative / Procedural
  • ReguVirta summary file ID: c24a25e3c573df7b9b6d343203399e29
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